Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 412 1860: ss.396 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: ss.396, 412 – Six accused persons tried for committing offences u/ss. 396 and 412 IPC, s.3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and s.25 of Arms Act – Trial court convicted all the accused persons for offence u/s 396 IPC and awarded life imprisonment to five accused persons while awarding death sentence to Appellant- Hari Om – High Court affirmed death sentence of appellant-Hari Om, life imprisonment of Appellant-Sanjay and Saurabh and acquitted other three accused persons – On appeal, held: Corroboration of the testimony of a child witness is not a rule but a measure of caution and prudence – Testimony of child witness cannot be accepted wherein there are glaring inconsistencies on record which cannot be discarded, hence Appellant-Hari Om cannot be convicted on such testimony – Apart from the material that sample fingerprints matched with those lifted from the house of the deceased, nothing was brought on record to suggest involvement of appellant- Sanjay and Saurabh – Order of conviction and sentence set aside. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2021 INSC 1 |
Petitioner | Hari Om @ Hero |
Respondent | State Of U.p. |
SCR | [2021] 13 S.C.R. 49 |
Judgement Date | 2021-01-05 |
Case Number | 1256 |
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